The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-16

Inc following opinions were rendered Feb. 10:
NEUTRALITY-SUSPICIOUS.
1887. Chaplin M. Pierce VS.. State Koscius-
ko G. G. Affirmed. Mitchell, IAN exception
to an opinion" of the court. in a criminal cause
in overriding demurrer, will present the ques-
ton. ~ Where the State had made 1t appear
in evidence that sale, what amounted to a
sale, of intoxicating liquor had been made on
Sunday. in the defendants saloon, which was in
a building which the defendant himself occu-
pied, and by person who was apparently IN
control of the saloon at the time, such facts
were presented authorized the jury to infer
that the saloon was open and the sale vas made
with the defendants consent 81 Where facts
from which guilt may fairly be deduced are left
wholly unexplained, and the jury draw the in
ference that the defendant is guilty, the Su-
preme Court will not reverse.
MARRIED woMAN--sURETY-EECESs PARTY.
1906. Joseph Fl. Bennett ct al vs. Charles
T. Mattingly. Marshall C. C. Affirmed. Nib
lack, J.-ln suit to foreclose mortgage given
by husband and wife estate by entirety
against their grantees. the mortgageors not
necessary parties. T. The defense of surety
ship gived by statute to married women is per-
sonal, and third parties cannot make it for their
benefit.
OBSERVATION-DISCLOSURES OF FRAUDs-sPEoIFIc PER
TORRANCE.
1858. Mamie NJ Green vs. David Groves ct
al Hendricks G. G. Affirmed. collars, j.
Where wife Joined in the mortgage executed
by her husband upon representations OF the
mortgage that in case of foreclosure he would
reconvey to her third interest in the property,
such contract is within the statute of frauds.
The execution of the mortgage was but the pay
ment of the consideration for which the mort
gagee agreed to convey to her the title, and was
not part performance The fact that she held
possession of the lots from the date of the con-
tract until the suit was brought was not part
performance No part performance sufficient
to take the contract out of the statute being
Shown ho 1v opfo
Observation-Disclosures.
1928. State ex rel Horrall VS.. Stewart
Thompson. Knox G. c. Reversed Elliott C.
Under the decision in 81 Ind. 40, the ditch
assessment against the township properly
made and it is enforceable by mandate The
validity of the assessment is conclusively set
tied as against collateral attack
INJUNCTION Observation-Disclosures HARM
LESS ERROR
1859. Henry Becknell ct al vs. Sarah A.
Becknell Marshall G. G. Affirmed Howk
J.-Sut by appellee to hasten Judgment for ali
mony and enjon appellant, Henry Becknell,
from dsposing of certain notes and mortgage
and to require appellant James Becknel to
answer as TO any Indebtedness due from him to
his co-appellee, the Judgment debtor. That the
judgment was not due could not be raised by de-
murrer. The complaint did not seek to set aside
the conveyance of the land, and did not have to
be brought in the county in which the land was
located. The court had jurisdiction. Where
many and homogeneous matters are united in the
same complaint against different parties it seems
demurrer for want of facts would lie, but the
objection is cured by verdict. An answer that
defendant had sold and transferred in good faith
the notes long before this suit was brought is
bad in failing to that they were sold for
value and that the purchaser had no notice If
an order of judge in vacation granting a
temporary injunction and the order of the court
in term Overruling motion to dissolve the III
junction were erroneous. there is available
error on appeal from the final judgment in the
case.